Property Law

Body Corporate Not Required - Buying a Duplex in Queensland:

Body Corporate Not Required - Buying a Duplex in Queensland:

It’s well known that buying into an apartment or unit complex brings with it an extra level of complexity stemming from the strict and confusing Body Corporate legislation that applies. With freestanding housing becoming more rare and more expensive as housing density increases, multi-dwelling residences are becoming the norm.

Property Law Tips: Listed Your Property With An Exclusive Agency?

Property Law Tips: Listed Your Property With An Exclusive Agency?

When selling your property in most circumstances you will engage the services of a Real Estate Agency to manage the sale process. They will advertise the property, draft the Contract of Sale, liaise with buyers and organize an auction if you choose.

Selling Your Property? The Importance of Disclosure:

Selling Your Property? The Importance of Disclosure:

The buying and selling of property occurs everyday, but with each transaction worth a large sum of money there is of course a lot of regulation of the transactions. In fact in Queensland each single conveyancing transaction is governed by over 20 separate pieces of legislation.

It’s Attached, But is it a Fixture or a Chattel?

It’s Attached, But is it a Fixture or a Chattel?

If you have ever bought or sold property before then you are probably familiar with the term fixture. The general rule when it comes to what constitutes a fixture is that, an object, which is fixed to the property, or land by any means other than its own weight, it is considered a fixture, otherwise it is considered to be a chattel.

Buying an Investment Property Using your SMSF:

Buying an Investment Property Using your SMSF:

Many people aren't aware that you can purchase an investment property using funds from your self-managed superannuation fund ("SMSF"). There are of course a lot of conditions and restrictions in doing this, but with the property marketing often having a faster growth rates than traditional shares it can be a wise investment.

The Changing Face of Property Law in Queensland:

The Changing Face of Property Law in Queensland:

Earlier this year the Queensland Government repealed the Property Agent and Motor Dealers Act 2000 (“PAMDA”) and brought in the Property Occupations Act 2014 (“Act”) to replace it. This new piece of legislation brings with it a raft of changes to property lawin Queensland, a few of which we have highlighted before. As we edge closer to the time in which it comes into play we thought we would revisit this topic and highlight a few addition changes to the way property is bought and sold and what this will mean to buyers and sellers of residential property.

Property Law Update - Changes to Conveyancing in Queensland:

Property Law Update - Changes to Conveyancing in Queensland:

There are some big changes in store when it comes to property law and conveyancing in Queensland. On top of PEXA, or electronic conveyancing, that is due to commence in the next six months, the Queensland Government has passed new legislation which radically overhauls the way residential properties are bought and sold in Queensland.

Contract of Sale – The Importance of Meeting Your Obligations Under the Contract:

Contract of Sale – The Importance of Meeting Your Obligations Under the Contract:

In Queensland the conveyancing process begins once the Contract of Sale is signed by both parties. The execution of the Contract sets off a series of obligations that each party must meet on certain dates. It is crucial that as a buyer or a seller you meet your obligations by their respective deadlines in order to avoid facing any penalties or the possible termination of the Contract by the other party.

Severing the Co-Ownership of Property – Tenants in Common:

Severing the Co-Ownership of Property – Tenants in Common:

Our previous post on co-ownership introduced the concept and the benefits and pitfalls of owning property with others. As you know there are a several ways in which co-ownership of a property can be extinguished, but this depends on the form in which the co-ownership takes; i.e. do you own the property as, tenants in common, or as joint tenants.